LCOC V ticket prices as I post: $249.00 (and rising)
Been a pretty good run for the “texts are not calls” argument in TCPAWorld recently– but we may have just hit our limit.
A magistrate judge in New York refused to stay discovery recently in a DNC TCPA SMS class action finding the issue of whether text are calls is still very much alive in the state.
In Bachhuber v. Secure Investing Advisors, 2026 WL 3016412 (S.D.N.Y. Oct. 7, 2026) the defendant asked a magistrate judge to stay discovery pending the outcome of a motion to dismiss and to otherwise limit or bifurcate discovery.
Given the strength of the SMS is not calls argument around the nation right now this was a pretty valid request. But the court said no: Defendant argues that the overwhelming consensus outside of this Circuit is that Plaintiff’s claim under Section 227(c)(5) of the Telephone Consumer Protection Act does not cover text message communications, as is alleged to have occurred here. However, at least one court in this District recently addressed the issue and held otherwise. See Wilson v. Better Mortgage Corp., 2025 WL 3493815, at *5 (S.D.N.Y. Dec. 5, 2025) (concluding for purposes of a motion to dismiss that Section 227(c)(5) applies to text messages)
Get it?
Although the trend of recent cases definitely suggests SMS are not calls, red jurisdictions–i.e. those where the Troutman Amin, LLP map shows negative decisions on the issue have already been handed down– are likely to stay red pending appellate review.
So that means the split of authority may remain even as new jurisdictions to weigh the issue continue to break toward the “green” side of the spectrum.
Will keep an eye on all of this.
Also we just recorded Ep. 53 of the Deserve to Win Podcast yesterday with Medicare legend Chris Michelson– that will drop on Monday. But you can still watch Ep. 52 with the Plaintiff’s attorney Ilan Lavian giving you his strategies in pursuing these cases.
Chat soon.